交通执法领域自动化行政处罚的法律风险与规制

Legal Risk and Regulation of Automated Administrative Punishment in Traffic Law Enforcement

当前人工智能技术的不断发展,行政领域也随之发生了明显的改变,人工智能技术与行政处罚相结合产生了自动化行政处罚。与传统行政处罚相比,自动化行政处罚有着非接触性、快捷性、智能性、技术依赖性等多重特性。但因其技术特性也衍生出了诸多传统行政处罚中未曾出现过或难以预料到的法律风险。本文将从自动化行政处罚最初应用的领域,即交通执法领域出发,对当前交通执法领域自动化行政处罚存在的问题和风险进行全面探究并提出相应的规制措施。

With the continuous development of artificial intelligence technology, the administrative field has also undergone obvious changes, and the combination of artificial intelligence technology and administrative punishment has produced automated administrative punishment. Compared with traditional administrative punishment, automatic administrative punishment has many characteristics, such as non-contact, rapidity, intelligence and technology dependence. However, due to its technical characteristics, many legal risks that have not appeared or are difficult to anticipate in traditional administrative penalties have also been derived. Starting from the initial application field of automated administrative punishment, that is, the field of traffic law enforcement, this paper will conduct a comprehensive exploration of the existing problems and risks of automated administrative punishment in the current field of traffic law enforcement and propose corresponding regulatory measures.